Calling Husband a “Womanizer” and “Alcoholic” Without Proof is Cruelty: High Court
The Bombay High Court recently ruled that defaming a husband by calling him a womanizer and alcoholic without evidence amounts to cruelty. This judgment upheld a family court’s decision to dissolve the marriage of a Pune-based couple.
Justices Nitin Jamdar and Sharmila Deshmukh dismissed an appeal by a 50-year-old woman challenging a November 2005 decree that dissolved her marriage to a retired Army official. The husband had sought a divorce, citing mental agony inflicted by his wife. The wife appealed the 2005 family court order, but the husband passed away during the pending appeal, leading the high court to add his legal heir as a respondent.
In her appeal, the woman claimed her husband was a womanizer and alcoholic, which deprived her of conjugal rights. However, the high court noted that she provided no evidence to support her allegations beyond her own statements. The court referred to the husband’s deposition, where he stated that the petitioner separated him from his children and grandchildren.
The court emphasized that “cruelty” in legal terms is conduct causing such mental pain and suffering that cohabitation becomes impossible. The bench highlighted that the husband’s reputation, as a retired Major from the Army, was tarnished by the wife’s false and baseless accusations.
“The conduct of the petitioner in making unwarranted, false, and baseless allegations pertaining to the respondent’s character and labeling him as an alcoholic and womanizer has resulted in shredding his reputation in society,” the high court stated.
Considering these factors, the court found that the petitioner’s actions constituted cruelty under Section 13 (1) (i-a) of the Hindu Marriage Act, making it a fit case for granting divorce.
Case Title: [Name Redacted]
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